JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-24 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

22.11.2021

                        Mr. Saeed Ahmed Bijarani, Advocate for the appellant.

Mr. Abdul Ghaffar, Asstt. Prosecutor General for the State.

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IRSHAD ALI SHAH, J.- The appellant for being in possession of an unlicensed T.T pistol with five live bullets, allegedly used by him for committing murder of Muhammad Uris and Muhammad Shahban, has been convicted and sentenced under section 25 of Sindh Arms Act, 2013, to undergo R.I for seven years with fine of rupees fifty thousand and in default whereof, to undergo S.I for six months, by learned 2^nd Additional Sessions Judge, Jacobabad, vide judgment dated 25.03.2021, which is impugned by the appellant before this Court by preferring the instant criminal appeal.

                        It is contended by learned counsel for the appellant that the instant case ought to have been tried side by side with main murder case being its’ off shoot, in order to avoid conflicting opinion with regard to recovery of weapon, allegedly used by the appellant in commission of main murder case, by learned trial Court. By contending so, he sought for remand of the case, to be disposed of together with main murder case. In support of his contention, he relied upon judgment dated 04.12.2020, passed by this Court in Criminal Appeal No.S-148/2019 (Re.Safeer @lias Ali Dino vs. The State).

                        Learned A.P.G for the State was fair enough to consent for the above said proposition.

                        I have considered the above arguments and perused the record.  

                        The appellant is alleged to have committed murder of Muhammad Uris and Muhammad Shahban by causing them fire shot injuries with pistol, the subject matter of the present case. In that situation, in order to avoid conflicting opinion on point of recovery of weapon and its use in main murder case, it was expected by the learned trial Court to have proceeded with the recovery case of weapon, together with main murder case side by side, if not jointly. The opinion which is arrived at by learned trial Court with regard to recovery of the weapon has prejudiced the appellant in his defence seriously which is contrary to the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973. Perhaps, in that context, the learned A.P.G for the State has consented for remand of the case to learned trial Court.

                        In view of above, the impugned judgment is set aside with direction to learned trial Court to pass the same afresh in accordance with law, together with main murder case.

                        The instant criminal appeal is disposed of accordingly.

JUDGE